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Florida Statute 944.28 | Lawyer Caselaw & Research
F.S. 944.28 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.28
944.28 Forfeiture of gain-time and the right to earn gain-time in the future.
(1) If a prisoner is convicted of escape, or if the clemency, conditional release as described in chapter 947, probation or community control as described in chapter 948, provisional release as described in 1s. 944.277, parole, or control release as described in s. 947.146 granted to the prisoner is revoked, the department may, without notice or hearing, declare a forfeiture of all gain-time earned according to the provisions of law by such prisoner prior to such escape or his or her release under such clemency, conditional release, probation, community control, provisional release, control release, or parole.
(2)(a) All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner unsuccessfully attempts to escape; assaults another person; threatens or knowingly endangers the life or person of another person; refuses by action or word to carry out any instruction duly given to him or her; neglects to perform in a faithful, diligent, industrious, orderly, and peaceful manner the work, duties, and tasks assigned to him or her; is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court; is found by a court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court; or violates any law of the state or any rule or regulation of the department or institution.
(b) A prisoner’s right to earn gain-time during all or any part of the remainder of the sentence or sentences under which he or she is imprisoned may be declared forfeited because of the seriousness of a single instance of misconduct or because of the seriousness of an accumulation of instances of misconduct.
(c) The method of declaring a forfeiture under paragraph (a) or paragraph (b) shall be as follows: A written charge shall be prepared, which shall specify each instance of misconduct upon which it is based and the approximate date thereof. A copy of such charge shall be delivered to the prisoner, and he or she shall be given notice of a hearing before the disciplinary committee created under the authorization of rules heretofore or hereafter adopted by the department for the institution in which he or she is confined. The prisoner shall be present at the hearing. If at such hearing the prisoner pleads guilty to the charge or if the committee determines that the prisoner is guilty thereof upon the basis of proof presented at such hearing, it shall find him or her guilty. If the committee considers that all or part of the prisoner’s gain-time and the prisoner’s right to earn gain-time during all or any part of the sentence or sentences under which he or she is imprisoned shall be forfeited, it shall so recommend in its written report. Such report shall be presented to the warden of the institution, who may approve such recommendation in whole or in part by endorsing such approval on the report. In the event of approval, the warden shall forward the report to the department. Thereupon, the department may, in its discretion, declare the forfeiture thus approved by the warden or any specified part thereof.
(3) Upon the recommendation of the warden, the department may, in its discretion, restore all or any part of any gain-time forfeited under this section.
History.s. 26, ch. 57-121; s. 18, ch. 61-530; s. 2, ch. 63-243; s. 1, ch. 65-197; ss. 19, 35, ch. 69-106; s. 20, ch. 74-112; s. 48, ch. 77-120; s. 58, ch. 79-3; s. 1, ch. 82-39; s. 9, ch. 88-122; s. 6, ch. 89-526; s. 6, ch. 89-531; s. 2, ch. 91-280; s. 6, ch. 96-106; ss. 1854, 1855, ch. 97-102; s. 14, ch. 2000-161; s. 39, ch. 2010-117.
1Note.Repealed by s. 32, ch. 93-406.

F.S. 944.28 on Google Scholar

F.S. 944.28 on Casetext

Amendments to 944.28


Arrestable Offenses / Crimes under Fla. Stat. 944.28
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.28.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HEARD, v. DEPARTMENT OF CORRECTIONS, 264 So. 3d 214 (Fla. App. Ct. 2018)

. . . Section 944.28(1), Florida Statutes, which provides for the forfeiture of gain-time if the prisoner escapes . . .

JONES, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 906 F.3d 1339 (11th Cir. 2018)

. . . section 944.279(1), Florida Statutes, which may include the forfeiture of gain time pursuant to section 944.28 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . (Gain time may be subject to forfeiture by the Department of Corrections under section 944.28(1), Florida . . .

WILLARD, v. STATE, 240 So. 3d 801 (Fla. App. Ct. 2018)

. . . Spencer , 751 So. 2d 47 (Fla. 1999) ; §§ 944.279, 944.28(2)(a), Fla. Stat.; Fla. R. App. P. 9.410. . . .

JOHNSON, v. STATE, 215 So. 3d 1237 (Fla. 2017)

. . . See §§ 944.275, 944.28, 944.281 Fla. Stat. . . .

A. WILLIAMS, v. STATE, 201 So. 3d 668 (Fla. Dist. Ct. App. 2016)

. . . Williams pursuant to sections 944.279(1) and 944.28(2)(a), Florida Statutes (2007). Affirmed. . . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . (Gain time may be subject to forfeiture by the Department of Corrections under section 944.28('ll, Florida . . .

PURRIER, v. DEPARTMENT OF CORRECTIONS,, 164 So. 3d 783 (Fla. Dist. Ct. App. 2015)

. . . challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s. 944.28 . . .

PONTON, v. STATE, 155 So. 3d 425 (Fla. Dist. Ct. App. 2014)

. . . . § 944.28(2)(a), Fla. Stat. (2014). Petition for writ of mandamus dismissed. . . .

FRANKLIN, v. STATE, 162 So. 3d 111 (Fla. Dist. Ct. App. 2014)

. . . . §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2014). STEVENSON, GROSS and TAYLOR, JJ., concur. . . .

MONTESINOS, v. STATE, 143 So. 3d 1055 (Fla. Dist. Ct. App. 2014)

. . . by that institution of disciplinary measures against Montesinos, pursuant to sections 944.279(1) and 944.28 . . .

BRAY, v. STATE, 142 So. 3d 904 (Fla. Dist. Ct. App. 2014)

. . . . §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2012). . . .

HARMON, III, v. STATE, 136 So. 3d 1223 (Fla. Dist. Ct. App. 2014)

. . . See § 944.28(2)(a), Fla. Stat. (2009); Hall v. . . . Stat., for consideration of sanctions pursuant to § 944.28, Fla. Stat.). . . .

FORD, v. STATE, 123 So. 3d 655 (Fla. Dist. Ct. App. 2013)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2012). See also Hudson v. . . .

A. GOOLSBY, v. STATE, 121 So. 3d 1163 (Fla. Dist. Ct. App. 2013)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2013). Rehearing "will not be entertained. . . .

DAWSON, v. STATE, 121 So. 3d 63 (Fla. Dist. Ct. App. 2013)

. . . institution of disciplinary measures against Dawson pursuant to Florida Statutes Sections 944.279(1) and 944.28 . . .

WILLIAMS, v. STATE, 121 So. 3d 1114 (Fla. Dist. Ct. App. 2013)

. . . by that institution of disciplinary measures against Williams, pursuant to sections 944.279(1) and 944.28 . . .

BATTIE, v. STATE, 117 So. 3d 71 (Fla. Dist. Ct. App. 2013)

. . . consideration by that institution of disciplinary measures against Battie pursuant to sections 944.279(1) and 944.28 . . .

C. DINKINS, v. STATE, 125 So. 3d 968 (Fla. Dist. Ct. App. 2013)

. . . . § 944.28(1), Fla. Stat. (1999). . . . have discovered within the two-year time limit that his gain time could be forfeited under section 944.28 . . .

GOLFE, v. STATE, 125 So. 3d 876 (Fla. Dist. Ct. App. 2013)

. . . . §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2012). See Marc v. . . .

J. PETSOULES, v. STATE, 104 So. 3d 1284 (Fla. Dist. Ct. App. 2013)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. Rehearing -will not be entertained. . . .

B. GREENE, v. TUCKER,, 113 So. 3d 45 (Fla. Dist. Ct. App. 2012)

. . . See § 944.28, Fla. . . . See § 944.28(1), (3), Fla. Stat. (2010). . . .

WHITE, v. STATE, 104 So. 3d 1127 (Fla. Dist. Ct. App. 2012)

. . . referred to the Department of Corrections for disciplinary action pursuant to sections 944.279 and 944.28 . . . White under sections 944.279 and 944.28, Florida Statutes. IT IS SO ORDERED. . . .

E. BASS, v. STATE, 103 So. 3d 933 (Fla. Dist. Ct. App. 2012)

. . . See § 944.28(2)(a), Fla. Stat. (2008). . . .

FERRIS, Jr. v. STATE, 100 So. 3d 142 (Fla. Dist. Ct. App. 2012)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat.; see also Ibarra v. . . . order is not required to refer an inmate to DOC for disciplinary action under sections 944.279 and 944.28 . . . We also can, and should, refer this matter to DOC for disciplinary action under sections 944.279 and 944.28 . . .

K. SIMS, v. STATE Of, 114 So. 3d 1025 (Fla. Dist. Ct. App. 2012)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). Rehearing will not be entertained. . . .

J. AUMILLER, v. STATE, 97 So. 3d 323 (Fla. Dist. Ct. App. 2012)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). Rehearing will not be entertained. . . .

J. PLUCINIK, v. STATE, 97 So. 3d 323 (Fla. Dist. Ct. App. 2012)

. . . See § 944.28(2)(a), Fla. Stat. (2012). Rehearing will not be entertained. . . .

HYDE, v. STATE, 97 So. 3d 944 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2012); § 944.28(2)(a), Fla. Stat. (2012); Fla. R.Crim. P. 3.850(m). . . .

W. HICKMON, v. STATE, 96 So. 3d 1122 (Fla. Dist. Ct. App. 2012)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). We do so now. See Isley v. . . .

SEYMORE, v. STATE, 96 So. 3d 1097 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2012); § 944.28(2)(a), Fla. Stat. (2012). Reversed and remanded. . . .

L. SWEET, v. STATE, 97 So. 3d 863 (Fla. Dist. Ct. App. 2012)

. . . Spencer, 751 So.2d 47 (Fla.1999); §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2012); Fla. R.Crim. . . .

HUDSON, v. STATE, 95 So. 3d 413 (Fla. Dist. Ct. App. 2012)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). Affirmed. . . .

R. VILLALOBOS, v. STATE, 96 So. 3d 970 (Fla. Dist. Ct. App. 2012)

. . . by that institution of disciplinary measures against Villalobos, pursuant to sections 944.279(1) and 944.28 . . .

HALL, v. STATE, 94 So. 3d 655 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to section 944.28(2)(a), Florida Statutes, “[a]ll or any part of the gain-time earned by a prisoner . . . Section 944.28(2)(b) provides that “[a] prisoners right to earn gain-time during all or any part of the . . . See § 944.28(2)(a), Fla. Stat. (2009). See Griffin v. . . . Corrections pursuant to section 944.279, Florida Statutes, for consideration of sanctions pursuant to section 944.28 . . .

MIDDLETON, v. STATE, 95 So. 3d 385 (Fla. Dist. Ct. App. 2012)

. . . by that institution of disciplinary measures against Middleton, pursuant to sections 944.279(1) and 944.28 . . .

QUEZADA, v. STATE, 92 So. 3d 926 (Fla. Dist. Ct. App. 2012)

. . . Spencer, 751 So.2d 47 (Fla.1999); §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). . . .

D. EDWARDS, v. STATE, 93 So. 3d 460 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2011); § 944.28(2)(a), Fla. Stat. (2011). . . .

KITTLES, v. STATE, 83 So. 3d 958 (Fla. Dist. Ct. App. 2012)

. . . . §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). . . .

L. DOMINGUEZ, v. STATE, 77 So. 3d 796 (Fla. Dist. Ct. App. 2011)

. . . See §§ 944.279(1), 944.28(2)(a), Fla. Stat. POLEN, HAZOURI and CIKLIN, JJ., concur. . . .

JOHNSON, v. STATE, 76 So. 3d 348 (Fla. Dist. Ct. App. 2011)

. . . regarding case number 97-32329; and (2) this Court should not sanction him pursuant to sections 944.279 and 944.28 . . . consideration by that institution of disciplinary measures against Johnson pursuant to sections 944.279(1) and 944.28 . . .

SANDERS, v. STATE, 76 So. 3d 25 (Fla. Dist. Ct. App. 2011)

. . . . §§ 944.279(1), 944.28(2)(a), Fla. Stat. MAY, C.J., GROSS and LEVINE, JJ„ concur. . . .

E. REEVES, v. STATE, 88 So. 3d 964 (Fla. Dist. Ct. App. 2011)

. . . Stat. (2011); § 944.28(2)(a), Fla. Stat. (2011). . . .

JOHNSON, v. STATE, 201 So. 3d 9 (Fla. Dist. Ct. App. 2011)

. . . 3d DCA 1999), and (2) why this Court should not sanction appellant pursuant to sections 944,279 and 944.28 . . .

W. CRITTENDEN, v. STATE, 67 So. 3d 1184 (Fla. Dist. Ct. App. 2011)

. . . See §§ 944.09, 944.279(1), 944.28(2), Fla. Stat. (2010). . . .

E. RAMOS- PEREZ, v. STATE, 99 So. 3d 515 (Fla. Dist. Ct. App. 2011)

. . . See § 944.28(1), Fla. Stat. (2010). . . .

RODRIGUEZ, v. FLORIDA PAROLE COMMISSION,, 430 F. App'x 768 (11th Cir. 2011)

. . . . § 944.28(1). . . .

MOSES, v. STATE, 57 So. 3d 256 (Fla. Dist. Ct. App. 2011)

. . . Stat. (2009); § 944.28(2)(a), Fla. Stat. (2009). GROSS, C.J., MAY and CIKLIN, JJ., concur. . . .

CHASE, v. STATE, 57 So. 3d 898 (Fla. Dist. Ct. App. 2011)

. . . See § 944.28(1), Fla. Stat. (2007); Horton v. State, 943 So.2d 859, 860 (Fla. 1st DCA 2006). . . .

H. CORTES, v. STATE, 53 So. 3d 390 (Fla. Dist. Ct. App. 2011)

. . . See §§ 944.09, 944.279(1), 944.28(2), Fla. Stat. (2010). . . .

MOORE, v. STATE, 55 So. 3d 600 (Fla. Dist. Ct. App. 2011)

. . . and abusive, as well as the trial court’s imposition of sanctions pursuant to sections 944.279(1) and 944.28 . . .

WIMBERLY, v. STATE, 50 So. 3d 785 (Fla. Dist. Ct. App. 2010)

. . . at Wimberly’s place of incarceration for consideration of sanctions pursuant to sections 944.279(1), 944.28 . . .

LeBOEUF, v. A. McNEIL,, 49 So. 3d 328 (Fla. Dist. Ct. App. 2010)

. . . The circuit court denied relief, finding that the challenged action was authorized by sections 944.28 . . .

STONE, v. STATE, 48 So. 3d 98 (Fla. Dist. Ct. App. 2010)

. . . forwarded to appellant’s warden “for consideration of sanctions under Florida Statute sections 944.279(1), 944.28 . . .

F. SWEITZER, v. STATE, 46 So. 3d 1132 (Fla. Dist. Ct. App. 2010)

. . . .; § 944.28(2)(a), Fla. Stat. . . .

F. JONES, v. FLORIDA PAROLE COMMISSION,, 48 So. 3d 704 (Fla. 2010)

. . . challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s. 944.28 . . .

O BERRY, v. STATE, 46 So. 3d 105 (Fla. Dist. Ct. App. 2010)

. . . additional sanctions, including, but not limited to, sanctions under either Florida Statute § 944.279 or § 944.28 . . . forwarded to O’Berry’s institution for disciplinary procedures pursuant to sections 944.279(1) and 944.28 . . .

FAISON, Jr. v. STATE, 45 So. 3d 919 (Fla. Dist. Ct. App. 2010)

. . . Corrections for consideration of disciplinary measures against Faison pursuant to sections 944.279(1) and 944.28 . . .

A. IBARRA, v. STATE, 45 So. 3d 911 (Fla. Dist. Ct. App. 2010)

. . . that his repeated filing of the same issues was frivolous and abusive, citing sections 944.279(1) and 944.28 . . . disciplinary proceeding did not violate the prisoner’s due process rights and that sections 944.279 and 944.28 . . . The Court held: “Any effect these statutes [sections 944.279 and 944.28(2)(a) ] have to cause an inmate . . .

MARC, v. STATE, 46 So. 3d 1045 (Fla. Dist. Ct. App. 2010)

. . . See § 944.28(2)(a), Fla. . . .

HOSWELL, v. STATE, 45 So. 3d 71 (Fla. Dist. Ct. App. 2010)

. . . Stat. (2009); § 944.28(2)(a), Fla. Stat. (2009). WARNER, TAYLOR and DAMOORGIAN, JJ., concur. . . . .

JOHNSON, v. STATE, 44 So. 3d 198 (Fla. Dist. Ct. App. 2010)

. . . . § 944.28(2)(a), Fla. Stat. (2009). . . .

SMITH, v. STATE, 41 So. 3d 1037 (Fla. Dist. Ct. App. 2010)

. . . is subject to “disciplinary procedures pursuant to the rules of the Department of Corrections”); § 944.28 . . .

B. PLEAS, Sr. v. STATE, 41 So. 3d 980 (Fla. Dist. Ct. App. 2010)

. . . may recommend “disciplinary procedures pursuant to the rules of the Department of Corrections”); § 944.28 . . .

CLIFT, v. STATE, 43 So. 3d 778 (Fla. Dist. Ct. App. 2010)

. . . is subject to “disciplinary procedures pursuant to the rules of the Department of Corrections”); § 944.28 . . .

KNOWLES, v. STATE, 41 So. 3d 332 (Fla. Dist. Ct. App. 2010)

. . . may recommend “disciplinary procedures pursuant to the rules of the Department of Corrections”); § 944.28 . . .

KHAN, v. STATE, 32 So. 3d 158 (Fla. Dist. Ct. App. 2010)

. . . rehearing motion to the Department of Corrections for consideration of sanctions under sections 944.279(1), 944.28 . . .

L. SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 27 So. 3d 124 (Fla. Dist. Ct. App. 2010)

. . . See, e.g., §§ 57.085(8), 944.279(1), 944.28(2)(a), Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . (Gain time may be subject to forfeiture by the Department of Corrections under section 944.28(1)). _ . . .

A. WILLIAMS, v. STATE, 22 So. 3d 688 (Fla. Dist. Ct. App. 2009)

. . . See §§ 944.09, 944.279(1), 944.28(2), Fla. Stat. (2008). . . .

H. ELBERT, Jr. v. STATE, 20 So. 3d 961 (Fla. Dist. Ct. App. 2009)

. . . See §§ 944.28(1), 948.06(6), Fla. Stat. (1993); Eldridge v. . . .

G. JAMES, v. STATE, 17 So. 3d 339 (Fla. Dist. Ct. App. 2009)

. . . consideration by that institution of disciplinary measures against James pursuant to sections 944.279(1) and 944.28 . . .

ALLEN, v. STATE, 16 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . consideration by that institution of disciplinary measures against Allen pursuant to sections. 944.279(1) and 944.28 . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . forfeited the gaintime (2,830 days) earned on Lari-more’s 15-year prison sentence, relying on section 944.28 . . . release from custody because forfeiture of Lari-more’s gaintime was not authorized pursuant to section 944.28 . . . (1) where Larimore’s offense occurred before the effective date of the amendment to section 944.28 authorizing . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 998 So. 2d 1128 (Fla. 2008)

. . . (Gain time may be subject to forfeiture by the Department of Corrections under section 944.28(1)). _ . . .

SCOTT, v. STATE, 995 So. 2d 606 (Fla. Dist. Ct. App. 2008)

. . . consideration by that institution of disciplinary measures against Scott pursuant to sections 944.279(1) and 944.28 . . .

THOMAS, v. STATE, 993 So. 2d 637 (Fla. Dist. Ct. App. 2008)

. . . . §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2007). . . .

BARBER, v. STATE, 994 So. 2d 376 (Fla. Dist. Ct. App. 2008)

. . . consideration by that institution of disciplinary measures against Barber pursuant to sections 944.279(1) and 944.28 . . .

LENOIR, v. STATE, 992 So. 2d 351 (Fla. Dist. Ct. App. 2008)

. . . barred from further pro se filings, and why he should not be sanctioned pursuant to sections 944.279 and 944.28 . . .

RUIZ, v. STATE, 992 So. 2d 300 (Fla. Dist. Ct. App. 2008)

. . . Florida Statutes (2008), including, but not limited to, the loss of gain time as provided in section 944.28 . . .

E. NICARRY, v. ESLINGER,, 990 So. 2d 661 (Fla. Dist. Ct. App. 2008)

. . . challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s. 944.28 . . .

RODRIGUEZ, v. STATE, 989 So. 2d 743 (Fla. Dist. Ct. App. 2008)

. . . that the court erred in forfeiting his gain time, because the court had no authority under section 944.28 . . .

WILLIAMS, v. STATE, 994 So. 2d 337 (Fla. Dist. Ct. App. 2008)

. . . See § 944.28(2)(a), Florida Statutes (2007) (“All or any part of the gain-time earned by a prisoner according . . .

LANIER, v. STATE, 983 So. 2d 658 (Fla. Dist. Ct. App. 2008)

. . . consideration by that institution of disciplinary measures against Lanier pursuant to sections 944.279(1) and 944.28 . . .

J. DOYLE, v. STATE, 979 So. 2d 1029 (Fla. Dist. Ct. App. 2008)

. . . to the Department of Corrections that it bring disciplinary procedures against him under paragraph 944.28 . . .

HICKS, Jr. v. STATE, 974 So. 2d 1116 (Fla. Dist. Ct. App. 2008)

. . . consideration by that institution of disciplinary measures against Hicks pursuant to sections 944.279(1) and 944.28 . . .

D. PRESSLY, v. TADLOCK,, 968 So. 2d 1057 (Fla. Dist. Ct. App. 2007)

. . . Moreover, in light of section 944.28(1), Florida Statutes (2000), it concludes that he has forfeited . . .

HALE, v. R. McDONOUGH,, 970 So. 2d 362 (Fla. Dist. Ct. App. 2007)

. . . challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s. 944.28 . . .

SMITH, v. A. FISHER, M. D., 965 So. 2d 205 (Fla. Dist. Ct. App. 2007)

. . . at 353 (citing Ch. 96-106, Laws of Fla. codified at §§ 57.081, 57.085, 92.351, 95.11, 944.279, and 944.28 . . .

VALDEZ, v. STATE, 963 So. 2d 851 (Fla. Dist. Ct. App. 2007)

. . . should not recommend to the Department of Corrections that it sanction Valdez pursuant to sections 944.28 . . .

GRIFFIN, a k a a k a a k a F. a k a a k a a k a v. STATE, 962 So. 2d 1026 (Fla. Dist. Ct. App. 2007)

. . . se pleadings concerning case 75-584 and why the Court should not sanction him according to sections 944.28 . . . disciplinary measures against appellant pursuant to sections 944.279(1), Florida Statutes (2005), and 944.28 . . .

MINOR, v. STATE, 963 So. 2d 797 (Fla. Dist. Ct. App. 2007)

. . . . § 944.28(2)(a), Fla. . . .

VALDEZ, v. STATE, 994 So. 2d 1110 (Fla. Dist. Ct. App. 2007)

. . . should not recommend to the Department of Corrections that it sanction Valdez pursuant to sections 944.28 . . .

S. MORTON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 957 So. 2d 667 (Fla. Dist. Ct. App. 2007)

. . . parole was revoked, the Department declared a forfeiture of petitioner’s gain-time pursuant to section 944.28 . . . forfeiture of the right to earn gain-time in the future if it complies with the procedure set out in section 944.28 . . .

GURIDI, v. STATE, 959 So. 2d 280 (Fla. Dist. Ct. App. 2007)

. . . constitutes a frivolous appeal or proceeding pursuant to sections 944.279(1), Florida Statutes (2005), and 944.28 . . . disciplinary measures against appellant pursuant to sections 944.279(1), Florida Statutes (2005), and 944.28 . . .

DELLOFANO, v. STATE, 946 So. 2d 127 (Fla. Dist. Ct. App. 2007)

. . . the Department of Corrections (“DOC”) forfeited 98 days of his previously earned credit under section 944.28 . . . The trial court denied his motion: [P]ursuant to Section 944.28(1), Florida Statutes, the [DOC] may, . . .

G. HORTON, v. STATE, 943 So. 2d 859 (Fla. Dist. Ct. App. 2006)

. . . DOC denied Petitioner’s request for additional credit, noting that, pursuant to section 944.28(1), for . . .

WHITE, a k a a k a a k a v. STATE, 937 So. 2d 754 (Fla. Dist. Ct. App. 2006)

. . . We also ordered defendant to show cause why we should not sanction him pursuant to section 944.28(2)( . . .

BORDERS, v. STATE, 936 So. 2d 737 (Fla. Dist. Ct. App. 2006)

. . . Borders’ gain time under section 944.28(1), Florida Statutes (2005). Mr. . . .

McGEE, v. STATE FLORIDA DEPARTMENT OF CORRECTIONS,, 935 So. 2d 62 (Fla. Dist. Ct. App. 2006)

. . . violated his parole, the Department of Corrections forfeited Appellant’s gain time pursuant to section 944.28 . . .